Text of OK HB 2119 (2023)

Req. No. 6730 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) HOUSE BILL 2119 By: Swope AS INTRODUCED An Act relating to discrimination; amending 25 O.S. 2021, Sections 1101, 1302, 1303, 1304, 1305, 1306, and 1452, which relate to discriminatory practices; modifying what constitutes a discriminatory practice; and providing an effective date. BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: SECTION 1. AMENDATORY 25 O.S. 2021, Section 1101, is amended to read as follows: Section 1101. A. This act provides for exclusive remedies within the state of the policies for individuals alleging discrimination in employment on the basis of race, color, national origin, sex, gender identity, gender expression, sexual orientation, religion, creed, age, disability or genetic information. B. This act shall be construed according to the fair import of its terms to further the general purposes stated in this section and the special purposes of the particular provision involved. Req. No. 6730 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 2. AMENDATORY 25 O.S. 2021, Section 1302, is amended to read as follows: Section 1302. A. It is a discriminatory practice for an employer: 1. To fail or refuse to hire, to discharge, or otherwise to discriminate against an individual with respect to compensation or the terms, conditions, privileges or responsibilities of employment, because of race, color, religion, sex, gender identity, gender expression, sexual orientation, national origin, age, genetic information or disability, unless the employer can demonstrate that accommodation for the disability would impose an undue hardship on the operation of the business of such employer; or 2. To limit, segregate, or classify an employee or applicant for employment in a way which would deprive or tend to deprive an individual of employment opportunities or otherwise adversely affect the status of an employee, because of race, color, religion, sex, gender identity, gender expression, sexual orientation, national origin, age, genetic information or disability, unless the employer can demonstrate that accommodation for the disability would impose an undue hardship on the operation of the business of such employer. B. This section does not apply to the employment of an individual by his or her parents, spouse, or child or to employment in the domestic service of the employer. Req. No. 6730 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 3. AMENDATORY 25 O.S. 2021, Section 1303, is amended to read as follows: Section 1303. It is a discriminatory practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, an individual because of race, color, religion, sex, gender identity, gender expression, sexual orientation, national origin, age, genetic information or disability, unless the agency can demonstrate that accommodation for the disability would impose an undue hardship on the operation of the business of such agency, or to classify or refer for employment an individual on the basis of race, color, religion, sex, gender identity, gender expression, sexual orientation, national origin, age, genetic information or disability, unless the agency can demonstrate that accommodation for the disability would impose an undue hardship on the operation of the business of such agency. SECTION 4. AMENDATORY 25 O.S. 2021, Section 1304, is amended to read as follows: Section 1304. It is a discriminatory practice for a labor organization: 1. To exclude or to expel from membership, or otherwise to discriminate against, a member or applicant for membership because of race, color, religion, sex, gender identity, gender expression, sexual orientation, national origin, age, genetic information or disability, unless the organization can demonstrate that Req. No. 6730 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 accommodation for the disability would impose an undue hardship on the operation of the business of such organization; 2. To limit, segregate, or classify membership, or to classify or to fail or refuse to refer for employment an individual in a way: a. which would deprive or tend to deprive an individual of employment opportunities, or b. which would limit employment opportunities or otherwise adversely affect the status of an employee or of an applicant for employment, because of race, color, religion, sex, gender identity, gender expression, sexual orientation, national origin, age, genetic information or disability, unless the organization can demonstrate that accommodation for the disability would impose an undue hardship on the operation of the business of such organization; or 3. To cause or attempt to cause an employer to violate Section 1101 et seq. of this title. SECTION 5. AMENDATORY 25 O.S. 2021, Section 1305, is amended to read as follows: Section 1305. It is a discriminatory practice for an employer, labor organization, or joint labor-management committee controlling apprenticeship, on-the-job, or other training or retraining program, to discriminate against an individual because of race, color, religion, sex, gender identity, gender expression, sexual Req. No. 6730 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 orientation, national origin, age, genetic information or disability, unless the employer, organization or committee can demonstrate that accommodation for the disability would impose an undue hardship on the operation of the business of such employer, organization or committee, in admission to, or employment in, a program established to provide apprenticeship or other training. SECTION 6. AMENDATORY 25 O.S. 2021, Section 1306, is amended to read as follows: Section 1306. It is a discriminatory practice for an employer, labor organization, or employment agency to print or publish or cause to be printed or published a notice or advertisement relating to employment by the employer or membership in or a classification or referral for employment by the labor organization, or relating to a classification or referral for employment by the employment agency, indicating a preference, limitation, specification, or discrimination, based on race, color, religion, sex, gender identity, gender expression, sexual orientation, national origin, age, genetic information or disability, unless the employer, organization or agency can demonstrate that accommodation for the disability would impose an undue hardship on the operation of the business of such employer, organization or agency; but a notice or advertisement may indicate a preference, limitation, specification, or discrimination based on religion, sex, or national origin when Req. No. 6730 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 religion, sex, or national origin is a bona fide occupational qualification for employment. SECTION 7. AMENDATORY 25 O.S. 2021, Section 1452, is amended to read as follows: Section 1452. A. It shall be an unlawful discriminatory housing practice for any person, or any agent or employee of such person: 1. To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of any housing, or otherwise make unavailable or deny any housing because of race, color, religion, gender, gender identity, gender expression, sexual orientation, national origin, age, familial status, or disability; 2. To discriminate against any person in the terms, conditions, or privileges of sale or rental of housing, or in the provision of services or facilities in connection with any housing because of race, color, religion, gender, gender identity, gender expression, sexual orientation, national origin, age, familial status, or disability; 3. To make, print, publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of housing that indicates any preference, limitation, discrimination, or intention to make any such preference, limitation, or discrimination because of race, color, Req. No. 6730 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 religion, gender, gender identity, gender expression, sexual orientation, national origin, age, familial status, or disability; 4. To represent to any person, for reasons of discrimination, that any housing is not available for inspection, sale, or rental when such housing is in fact so available because of race, color, religion, gender, gender identity, gender expression, sexual orientation, national origin, age, familial status, or disability; 5. To deny any person access to, or membership or participation in, a multiple-listing service, real estate brokers' organization or other service, organization, or facility relating to the business of selling or renting dwellings, or discriminate against a person in the terms or conditions of access, membership, or participation in such an organization, service, or facility because of race, color, religion, gender, gender identity, gender expression, sexual orientation, national origin, age, familial status, or disability; 6. To include in any transfer, sale, rental, or lease of housing any restrictive covenant that discriminates, or for any person to honor or exercise, or attempt to honor or exercise, any discriminatory covenant pertaining to housing because of race, color, religion, gender, gender identity, gender expression, sexual orientation, national origin, age, familial status, or disability; 7. To refuse to consider the income of both applicants when both applicants seek to buy or lease housing because of race, color, Req. No. 6730 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 religion, gender, gender identity, gender expression, sexual orientation, national origin, age, familial status, or disability; 8. To refuse to consider as a valid source of income any public assistance, alimony, or child support, awarded by a court, when that source can be verified as to its amount, length of time received, regularity, or receipt because of race, color, religion, gender, gender identity, gender expression, sexual orientation, national origin, age, familial status, or disability; 9. To discriminate against a person in the terms, conditions, or privileges relating to the obtaining or use of financial assistance for the acquisition, construction, rehabilitation, repair, or maintenance of any housing because of race, color, religion, gender, gender identity, gender expression, sexual orientation, national origin, age, familial status, or disability; 10. To discharge, demote, or discriminate in matters of compensation or working conditions against any employee or agent because of the obedience of the employee or agent to the provisions of this section; 11. To solicit or attempt to solicit the listing of housing for sale or lease, by door to door solicitation, in person, or by telephone, or by distribution of circulars, if one of the purposes is to change the racial composition of the neighborhood; 12. To knowingly induce or attempt to induce another person to transfer an interest in real property, or to discourage another Req. No. 6730 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 person from purchasing real property, by representations regarding the existing or potential proximity of real property owned, used, or occupied by persons of any particular race, color, religion, gender, gender identity, gender expression, sexual orientation, national origin, age, familial status or disability, or to represent that such existing or potential proximity shall or may result in: a. the lowering of property values, b. a change in the racial, religious, or ethnic character of the block, neighborhood, or area in which the property is located, c. an increase in criminal or antisocial behavior in the area, or d. a decline in quality of the schools serving the area; 13. To refuse to rent or lease housing to a blind, deaf, or disabled person on the basis of the person's use or possession of a bona fide, properly trained guide, signal, or service dog; 14. To demand the payment of an additional nonrefundable fee or an unreasonable deposit for rent from a blind, deaf, or disabled person for such dog. Such blind, deaf, or disabled person may be liable for any damage done to the dwelling by such dog; 15. a. to discriminate in the sale or rental or otherwise make available or deny a dwelling to any buyer or renter because of a disability of: (1) that buyer or renter, Req. No. 6730 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (2) a person residing in or intending to reside in that dwelling after it is sold, rented, or made available, or (3) any person associated with that buyer or renter, or b. to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with the dwelling because of a disability of: (1) that person, (2) a person residing in or intending to reside in that dwelling after it is so sold, rented, or made available, or (3) any person associated with that person; 16. For purposes of disability discrimination in housing pursuant to Sections 1451 through 1453 of this title, discrimination includes: a. a refusal to permit, at the expense of the disabled person, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications may be necessary to afford the person full enjoyment of the premises, provided that such person also provides a surety bond guaranteeing Req. No. 6730 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 restoration of the premises to their prior condition, if necessary to make the premises suitable for nondisabled tenants, b. a refusal to make reasonable accommodations in rules, policies, practices, or services, when the accommodations may be necessary to afford the person equal opportunity to use and enjoy a dwelling, or c. in connection with the design and construction of covered multifamily dwellings for first occupancy thirty (30) months after the date of enactment of the federal Fair Housing Amendments Act of 1988 (Public Law 100-430), a failure to design and construct those dwellings in a manner that: (1) the public use and common use portions of the dwellings are readily accessible to and usable by disabled persons, (2) all the doors designed to allow passage into and within all premises within the dwellings are sufficiently wide to allow passage by disabled persons in wheelchairs, and (3) all premises within the dwellings contain the following features of adaptive design: (a) an accessible route into and through the dwelling, Req. No. 6730 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (b) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations, (c) reinforcements in bathroom walls to allow later installation of grab bars, and (d) usable kitchen and bathrooms so that an individual in a wheelchair can maneuver about the space, (4) compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically disabled people, commonly cited as "ANSI A 117.1", suffices to satisfy the requirements of division (3) of this subparagraph, (5) as used in this subsection, the term "covered multifamily dwellings" means: (a) buildings consisting of four or more units if the buildings have one or more elevators, and (b) ground floor units in other buildings consisting of four or more units, (6) nothing in this subsection requires that a dwelling be made available to an individual whose Req. No. 6730 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others; or 17. a. A person whose business includes engaging in residential real estate related transactions may not discriminate against a person in making a real estate related transaction available or in the terms or conditions of a real estate related transaction because of race, color, religion, gender, gender identity, gender expression, sexual orientation, disability, familial status, national origin or age. b. In this section, "residential real estate related transaction" means: (1) making or purchasing loans or providing other financial assistance: (a) to purchase, construct, improve, repair, or maintain a dwelling, or (b) to secure residential real estate, or (2) selling, brokering, or appraising residential real property. B. This section does not prohibit discrimination against a person because the person has been convicted under federal law or Req. No. 6730 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 the law of any state of the illegal manufacture or distribution of a controlled substance. C. No other categories or classes of persons are protected pursuant to Sections 1451 through 1453 of this title. The Attorney General's Office of Civil Rights Enforcement shall have no authority or jurisdiction to act on complaints based on any kind of discrimination other than those kinds of discrimination prohibited pursuant to Section 1101 et seq. of this title or any other specifically authorized by law. SECTION 8. This act shall become effective November 1, 2023. 59-1-6730 CMA 01/18/23